Legal Question in Family Law in Florida
On January 26, 2012, I gave a family attorney (with whom I'd earlier consulted) a $2500 retainer.
On Feb 1, her assistant sent an email in response to mine:
�Your file is on Ms.[xxx] desk to review and work on when she returns to the office. She will prepare the supplemental pleading and then have you come in to review it and sign it along with bringing the filing fees.�
The next day, Feb 2, her assistant sent another email:
�[the attorney] has review [sic] all the orders you have provided and has review [sic] the file online. She is requesting you get a copy of� [an] order� and she needs the order from��
We brought the files to the office that day; the assistant looked over them and spoke to us for a bit. I was weeping�I told her that I miss my son so much, and that I really am eager to have the papers filed so that I can start seeing my boy ASAP, etc. She was very reassuring that this was moving along.
That was over two months ago and despite phone calls, emails and even visits to the office, I've heard nothing since then! In fact, since I forked over the $2500 I've not had any contact with the attorney whatsoever. I�ve not been a pest�I waited almost 2 weeks before I sent the first email, and try to contact her only once or twice a week.
I want to get rid of her and get my money back, but my problem is this: The agreement I signed said the retainer is not refundable. I had to borrow the money from my brother so this is a big deal for me�I only make $8/hr. I�m concerned that she�ll say that the retainer was mostly or all used up when she �reviewed the file online� (as stated in the assistant said in her email) because there are over 350 dockets/filings in this case. She charges $250 per hour, so that�s not a lot of time.
BUT, the agreement also stated that the law office would �send itemized bills from time to time,� and I've not received a single bill. So if she used any of the retainer doing that review 2 months, should I not have a bill? Either most of the retainer is not used or she breached the contract? Maybe?
What can I do?
1 Answer from Attorneys
contact the Florida Bar asap. Tell them you wish to file a complaint againt an attorney - they will put you in touch with the proper person. Explain your story. This is a travasty to attorneys who strive to do the right thing for their clients and then here is the one pebble in the silk to ruin the rest of us.
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